Dangerous Goods Act 1985 and related Regulations (review)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

VCAT can review certain decisions made by the Victorian WorkCover Authority under the Dangerous Goods Act 1985, the Dangerous Goods (Explosives) Regulations 2011, and the Dangerous Goods (Transport by Road or Rail) Regulations 2008.

Cases we can hear

Reviewable decisions

You may be able to apply to VCAT for a review if:

a 'reviewable decision' has been made

you are an eligible person in relation to the reviewable decision, and

you have first followed the required internal review process.

How do I know if I am an eligible person?

The table in section 20 of the Dangerous Goods Act 1985 describes which decisions are reviewable and specifies who is an eligible person in relation to each decision.

For example, if the Authority makes a decision to issue a prohibition notice, the person to whom the notice is issued and any other person whose interests are affected by the decision will be an eligible person in respect of the decision.

Regulations 214 and 215 of the Dangerous Goods (Explosives) Regulations 2011 and Regulations 234 and 235 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 set out additional reviewable decisions and eligible persons in relation to those decisions.

Licensing decisions

You may be able to apply to VCAT to review the decision if you are a person whose interests are affected by a decision of WorkCover under Part III of the Act (not being a reviewable decision) to:

refuse to issue or renew a licence

insert in a licence a condition, limitation or restriction

amend, suspend or revoke a licence.

Other administrative decisions

If you are person whose interests are directly affected by an administrative decision of WorkCover (not being a reviewable decision and not being a decision made under Part III of the Act) you may be able to apply to VCAT to review that decision.

Make your application to VCAT at any time within the period of one month after receipt of a notice under section 24(4).

Other administrative decisions – applications under section 10A

Make your application within 28 days after the later of the day on which:

the decision was made, or

if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

You may be able to apply for an extension to these time limits.

Use your decision letter to complete your VCAT application

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

affirm the original decision, in which case the original decision will stand

vary the decision

set aside the decision and substitute our own decision

set aside the decision and remit (send back) the matter for reconsideration by the
decision maker
A person who makes or has made a decision under legislation that gives them this authority.
giving directions or recommendations

invite the decision-maker to reconsider their decision at any time during the case.

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